B and C (Children) (Cross allegations of harmful behaviour by parents), Re

B and C (Children) (Cross allegations of harmful behaviour by parents), Re

The mother physically chastised D on multiple occasions, causing harm and distress, and has not fully accepted responsibility or insight. The father's conduct, while sometimes reactive and angry, was not abusive or controlling as alleged. The evidence does not support the mother's allegations of controlling or sexual abuse. D's welfare is best served by remaining in the care of her father with supervised contact with her mother. There is no basis for continuation of the non-molestation or prohibited steps orders, nor for a section 91(14) order, but future applications are reserved to the judge for five years.

Parties
Applicant Father: B; Respondent Mother: C
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Private Law Family (children) / Final Judgment After Contested Hearing
Outcome
Child D to remain in the care of the father; supervised contact for the mother; discharge of non-molestation and prohibited steps orders; no section 91(14) order; future applications reserved to the judge for five years.
Legal Topics
Child Custody, Physical Chastisement, Allegations of Abuse, Section 8 Children Act 1989, Section 91(14) Children Act 1989, Contact Arrangements
Family Law Child Law Child Custody Physical Chastisement Allegations of Abuse Section 8 Children Act 1989 Section 91(14) Children Act 1989 Contact Arrangements

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Parties

B

Applicant Father

C

Respondent Mother

Procedural Posture

Private Law Family (children) / Final Judgment After Contested Hearing

Legal Issues

  1. 1 Whether the mother physically chastised the child D and the impact on her welfare
  2. 2 Whether the father engaged in controlling, abusive, or sexually abusive behaviour towards the mother
  3. 3 Appropriate arrangements for the child's residence and contact

Ratio Decidendi

The mother physically chastised D on multiple occasions, causing harm and distress, and has not fully accepted responsibility or insight. The father's conduct, while sometimes reactive and angry, was not abusive or controlling as alleged. The evidence does not support the mother's allegations of controlling or sexual abuse. D's welfare is best served by remaining in the care of her father with supervised contact with her mother. There is no basis for continuation of the non-molestation or prohibited steps orders, nor for a section 91(14) order, but future applications are reserved to the judge for five years.

Court Disposition

Child D to remain in the care of the father; supervised contact for the mother; discharge of non-molestation and prohibited steps orders; no section 91(14) order; future applications reserved to the judge for five years.

Orders

  • D to reside with the father.
  • Mother to have supervised contact with D at a contact centre three-weekly, with provision for special occasions, holidays, remote and indirect contact as agreed or ordered.